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1. When does the ban on disposable plastic foodware go into effect?

• The disposable plastic foodware ban goes into effect on January 1, 2022.

2. What will be prohibited by this law?

• Per 20.26.040 Prohibitions:
  “Food providers must not sell, use, provide, or offer the use of plastic disposable foodware” in Maui County. Utensils and straws must be made of non-plastic materials and must be provided “by-request-only.” Polystyrene foam coolers will also be banned.

3. What kind of containers are banned?

• Plastic disposable foodware including, but not limited to:
  • “Utensils” (e.g., forks, spoons, knives, stirrers, picks, chopsticks)
  • Straws
  • Clamshell containers
  • Plates
  • Cups
  • Bowls
  • Serving trays

If food or beverages can be served with these items made of plastic, they are not allowed as of January 1, 2022 unless used for “pre-packaged food”.

4. What is “pre-packaged” food and are we allowed to sell, provide or use disposable plastic containers for it?

• The definition in the Proposed Administrative Rules for Ordinance 5084 reads as follows:

“Prepackaged food” means food and beverages contained in plastic disposable foodware that has been filled and sealed entirely outside the County or in a manner intended to prevent the food or beverage from having any direct human contact, such as shelf-stable food and beverages; condiment packets, poi bags, musubi wraps, plastic film, chip bags, cookie and cracker wrappers, bread bags, meal kits, ice bags; beverage-related bottles or cartons; packaging for unprepared food; and packaging for wholesale distribution of prepared food, baked goods, and dairy products. “Prepackaged foods” include “grab-and-go” prepackaged foods such as bentos, salads, and sandwiches. “Prepackaged foods” excludes prepared foods packaged and intended for immediate consumption (e.g., food purchased from a fast food establishment, food truck, or stand).

If you have further questions regarding “pre-packaged” foods, please call the Recycling Hotline at (808) 270-7880.

5. Are we allowed to use, sell, or provide plastic-lined cups or bowls like on O?ahu?

• NO. Maui County’s Ordinance No. 5084 does not specifically exclude these types of containers (as in Oʻahu’s law), and therefore, will not be allowed for use, sale, or provision in Maui County.

6. Are bioplastic (PLA, Clay) or other sustainable non-petroleum moisture barrier linings allowed?

• Yes. Non-petroleum-based "bio-plastic" containers such as PLA will be allowed.

7. Will I still be able to provide utensils and straws?

• Yes. However, utensils and straws must be non-plastic and provided BY REQUEST ONLY.

8. Can we ask our customers if they would like utensils or straws?

• Yes. If they “respond affirmatively” you may provide non-plastic utensils and straws (per Section 17-402-4 (4) of the Draft Administrative Rules).

9. Can my business provide “self-serve” utensils and straws to our customers?

• Yes. Businesses may provide “self-serve” utensils and straws that are non-plastic only.

10. Are raw meat trays allowed?

• Yes. Plastic or polystyrene disposable foodware used for raw or butchered meats, poultry, fish, or eggs are exempt unless they are provided for consumption without further food preparation (e.g., sashimi and poke). Please refer to the Draft Administrative Rules regarding exemptions for all the uses of plastic disposable foodware.

11. Are there any exemptions to Ordinance No. 5084?

• Yes. The law provides exemptions for reasons of sanitation, medical needs, and economic hardship. Please refer to Section 20.26.050 of the proposed Administrative Rules for specific information or call the Recycling Hotline at (808) 270-7880 for clarification.

12. What are the consequences if a business doesn’t comply?

• A notice of violation shall be mailed that may require any or all of the following:
  • Cease and desist from the violation.
  • Correct the violation at the person’s own expense before a specified date.
  • Pay a civil fine not to exceed $1,000.00 by a specified date.
  • Pay a civil fine of up to $1,000.00 per day for each day the violation persists.
  • More information can be found in the Draft Administrative Rules, as well as the Maui County Code section 19.53.030.

13. Who can I call for help with clarification?

• Please call the Recycling Hotline at:
  • (808) 270-7880 on Maui
  • (800) 272-0117 ext. 7880 on Molokaʻi
  • (800) 272-0125 ext. 7880 on Lānaʻi

14. How can I do more?

• Spread awareness by displaying a Plastic Free Maui County poster or sticker (Call the Recycling Hotline at the numbers above for availability).
• Encourage customers to bring their own utensils and straws.
• Sell reusable options with your company logo.